APLAZ Group Inc

Employment Screening Resources Services

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Criminal Record Search Expand/Contract

What It Will Tell

Felony and misdemeanor convictions and pending cases, usually including date and nature of offense, sentencing date, disposition and current status. Searches go back at least seven years. Some states allow longer periods. However, even where states only go back seven years, cases can be reported that are older if the period of custody extended into the seven year window. In some states with a seven year limit, a matter can be still reported if the applicant is expected to earn a certain salary level. A crime that occurred more than seven years ago may be reportable even in a seven-year state if any custody time was served within the past seven years. In at lest two states with seven year limits, Colorado and Texas, there is widespread industry agreement that the seven year rules are pre-empted by the federal Fair Credit Reporting Act (FCRA).

APLAZ does not report arrests NOT resulting in a conviction or dismissed charges in order to assist employers in complying with federal and state discrimination laws unless the employer specifically requests such data or it is permitted by state law. However, the FCRA limits arrests to seven years. There is no FCRA limitation on convictions, although many states impose a variation of a seven-year limitation or other rules. Those are summarized in APLAZ’s 50 state legal guide which is available to clients.

It is critical to search both for felonies and misdemeanors to the extent possible in state court since many serious violations can be classified as misdemeanors. However, not all courts have misdemeanors available. Searches are performed at the central courthouse or by use of the same resources that are available at the central courthouse. Not all jurisdictions provide all misdemeanors. Misdemeanors or minor offenses filed in outlying courthouses or in Justice of the Peace courts may not always appear.

APLAZ can also search federal court records. The federal court system is an entirely separate court system from county courts. Federal courts are searched at the district court level. Employers should be aware that positive identification can be difficult with federal searches due to lack of identifiers in federal court files.

Reason You Need This Information

It is critical information to protect your business and employee, helps protect employers from negligent hiring exposure, and helps reduce the threat of workplace violence, theft, disruption and other problems. Failure to honestly disclose a prior criminal conviction can also be the basis not to hire. For the maximum protection, all jurisdictions where an applicant has lived, worked, or studied in the past seven years should be checked.

Limitations/Notes on Using this Information

There are some restrictions on certain information (such as arrests not resulting in convictions, expunged cases or cases were there is a form of delayed adjudication) or certain minor offenses. Employment cannot be automatically denied based upon a criminal record, but employers must demonstrate a sound business reason. Under federal and state EEOC rules, an employer must consider the nature and gravity of the offense, the nature of the job, and the age of the offense. Numerous states have specific rules that affect the use of criminal records for employment decisions.

Contrary to popular perception, criminal records are not available by computer nationwide. The FBI database (NCIC) is restricted to employers who have specific governmental authorization, and even that search is subject to various errors. For private employers, the search must be conducted by examining the public records at each individual county courthouse that is potentially relevant. There are over 3,200 courthouses in the US. As with any event that depends upon human accuracy, there is always the possibility of error. In some courts, the court clerk conducts the search and the accuracy depends upon the court clerk. Some courts charge an access fee and APLAZ provides a current schedule of these fees. For New York, there is an additional state imposed fee of $55 (subject to change) for a state provided statewide search. If obtaining New York records, inquire about special New York issues in using criminal records.

If there is a possible criminal record, it is critical to carefully review the underlying court documents to locate identifying information to determine if the criminal record in fact belongs to the subject of the search. The criminal record must also be examined to determine the details of the offense and whether the criminal matter is reportable. In the event of a “hit” there may be delays beyond the control of APLAZ in obtaining the record since record production is controlled by the court clerk in each county.

Sometimes an applicant may have a previous name or an “alias” name. For example, this can occur if an applicant has married and there has been a name change. A search for a criminal record does not include the previous name unless specifically requested since court indexes are maintained by the name the name used for the criminal filling. A search under a previous or different name is, in fact, a separate search.

For all of the above reasons, criminal record searches are not an exact science and errors are always possible. There can be false negatives (i.e. a person is cleared who in fact has a criminal record) or false positive (i.e. a person is misidentified or is the subject of criminal identity theft). However, when used in conjunction with other safe hiring tools, criminal records checks, such as employment checks and social security traces, are extremely effective in protecting the workplace against hiring individuals who are dangerous, unfit, or unqualified for a particular job.
National and Statewide Criminal and Sexual Offender Databases

Limitations on Databases
A Word about Databases

APLAZ is pleased to offer the most comprehensive multi-jurisdictional and statewide searches currently available. The advantage of these searches is that they cover a much larger geographical area than traditional county-level searches.

However, there are critical limitations. Most importantly, these database are NOT FBI database searches. FBI records are only available to certain employers or industries where Congress or a state has granted access. Searches offered by background firms are drawn from government data that is commercially available or has been made public.

For details, see; https://www.aplaz.com/database_issues.php.

See https://www.aplaz.com/statewides/index.php for a state by state interactive map of available databases and criminal information.

Databases for Employers and Volunteer Groups:
Multi-jurisdictional criminal database search:

The services are available either on a PER STATE basis (for those states where information is available) or search of all databases that are instantly available with our special C.O.P.S. search. C.O.P.S. is our Criminal Offender Profile Summary??? Summary Report: A powerful high-speed multi jurisdictional search of state and county criminal records databases.The C.O.P.S. – Criminal Offender Profile Summary??? returns information drawn from all 50 states plus the District of Columbia. The search also has sexual offender information available. The search quickly returns offender information in a condensed, easy to comprehend format. The search is based upon matching last name, the date of birth and the first three letters of the first name in order to eliminate computer matches that are not applicable. Note: In some states, there is no or limited date of birth information.

See SEARCH Details> ????
A more detailed look at the California subset of the National Multi-Jurisdictional Criminal Database Search.
Supplemental State Searches:

Some states have made available searches of either police or Court records through a statewide system. For information on statewide searches and surcharges for some states, see https://www.aplaz.com/statewide_criminal_searches.php

Sexual Offender Databases:

APLAZ can also obtain sexual offender registration information. However, these should also be treated with the same caution used for other databases for the following reasons: each state varies in what information is assembled and released, causing large gaps in these databases; studies show that many sexual offenders fail to register; some states do not release identifying details; and some states limit the types of offense made available. For the better accuracy, APLAZ also recommends going to a state-specific service to get the most up to date information from that state, instead of relying upon a national sexual databases exclusively.See a list of available Sexual Offender databases ????

VolunteerScreening:Safety First” APLAZ is also pleased to offer a special service to volunteer and faith-based organizations known as Safety First, allowing access to the national multi-jurisdictional databases at greatly reduced fees. In some states, volunteer organizations that deal with youth, the elderly or individuals at risk, may have special access to information from form a state. In California for example, the Attorney General’s office provides qualified organizations access to a fingerprint program. To the extent that such information is likely to be broader and more complete, such organizations may wish to consider such options. Information offered by private screening firms may be less then is available from official state sources. For more information, contact APLAZ for details.

Driver’s License Search Expand/Contract

What It Will Tell

Driving history for three years; verification of driving privilege; and driving record.

Reason You Need This Information

A driver’s license search gives insight into applicant’s level of responsibility; determines whether an applicant keeps commitments to appear in court or pay fines; has a drug/alcohol problem; and gives the current license status. “Driving for work” is very broadly defined in most jurisdictions and is not limited to driving positions.

Limitations/Notes on Using this Information

This information can be accessed by an outside agency on an employer’s behalf. The alternative is having applicants personally go to the DMV to obtain their own records which is not practical and is subject to fraud. Some state DMV’s also have a drivers “pull” program for firms that would like updates. Some states require special forms and return of data. Personal data about an applicant is not provided.
Social Security Number Check/Identity Expand/Contract
What It will Tell

Provides names and addresses associated with the applicant’s social security number and may indicate any fraudulent use. May verify other applicant information such as past addresses.

Reason You Need This Information

A SSN check helps verify the applicants are is who they say they are. It is critical to ensure employer is not the victim of a fraudulent application by someone with something to hide.

Limitations/Notes on Using this Information

Where employer does not have a sound business reason to obtain a credit report, the social security check gives information to help confirm identity and to uncover fraud. The information will reveal whether the social security number is part of the numbering sequence used by the government and may also indicate the state and approximate time period where the number would have been issue However it is not an official confirmation of that applicant’s specific number directly from the government and is NOT an official review of government records (other then the Death Index which is included). The APLAZ Social Trace also includes data from numerous other sources in order to obtain past address. These records are assembled and maintained by private sources. The records can have information that is incorrect or incomplete or belongs to another person and should NEVER be used by itself as the basis to make an employment decision. However, the records are very helpful to find past addresses. The existence of other names or addresses on an social security trace does not necessarily mean a consumer is the victim of identity theft, but a consumer may well want to order their free annual credit report in order to ensure that their identity is not being used.
Credit Report Expand/Contract

What It Will Tell

Credit history and public records such as judgments, liens and bankruptcies. May include previous employers, addresses and other names used.

Reason You Need This Information

A credit report helps determine whether an employee is suitable for a position that involves handling cash or exercising financial discretion as well as a possible way to gauge trustworthiness and reliability.

Limitations/Notes on Using this Information

A credit report should only be requested when it is specifically relevant to a job function and the employer has appropriate policies and procedures in place to ensure that the use of credit reports are relevant and fair. Of all of the screening tools available a credit report is probably the most sensitive so caution should be utilized. In California, Oklahoma and Minnesota, applicants have additional rights asking them to check a box to obtain their credit reports as well as their consumer report. There are strict rules concerning who may obtain credit reports. APLAZ conducts an on-site inspection of all employers who request credit reports to ensure that only established businesses with a permissible business purpose (employment) will receive credit reports. Certain employers may not be eligible to receive credit reports. Three states, Hawaii, Oregon and Washington, have imposed limitations on obtaining and using credit reports and other states are considering limitations. The primary requirement is that there must be a business justification for the report. Even in states without such laws, employers need to ensure that the use of such reports do not have a disparate impact amounting to discrimination. For more on the pros and cons of the use of credit reports, and why employers should approach this tool with caution. See APLAZ article on credit reports
Employment Verification Expand/Contract

What It Will Tell

Basic verification includes dates of employment, job title; and reason for leaving. Some employers will verify salary. Usually obtained from HR, Personnel or Payroll. Some employers have the information recorded on a 900 service.

Reason You Need This Information

This information confirms your applicant’s resume; verifies his/her job history; helps eliminate any unexplained gaps in employment which ensures that appropriate jurisdictions have been checked for criminal records; and helps an employer demonstrate “due diligence” in their hiring practices.

Limitations/Notes on Using This Information

Employers are often hesitant to give recommendations and may limit prior employment checks to the basic information. However, just verifying the facts on the application can be very valuable. This service can be limited if not allowed to contact current employer, if past employer is out of business or cannot be located, or if employee was working through an agency. There can be third party fees associated with employment verification, such as fees imposed by 900 services. APLAZ first goes though a procedure to establish that the past employer is legitimate and independently establishes a phone number from the number the applicant provides in order to provide due diligence protection. APLAZ then uses an approach of making three (3) solid attempts to the party that has been identified as the correct party, and will supplement those attempts with faxes and email as available. A ‘solid attempt’ may be any of the following: 1) following up on a release sent to a Verifying Party; 2) speaking with or leaving a message with a Verifying Party; 3) a Verifying Party asking APLAZ to call back at another date/time, and; 4) obtaining a Verification of Employment (VOE) but waiting for a reference (Supervisor Interview). There are times when a past employer just will not call back, or the past employer has moved, merged or gone out of businesses. APLAZ summarizes all attempts in a call history log showing who was called , when and the results of each call. Results can also be delayed if an employer request that a release be sent. There are some employers that outsource their data to third party sources, and APLAZ will contact those services as appropriate. Those services typically charge an additional fee. An employer should NEVER submit a current employer for verification. All employers entered into the APLAZ system will be contacted. If a current employer should not be contacted, that current employer should not be entered into the order system.
Employment Reference Expand/Contract

What It Will Tell

This is a more in-depth reference check that seeks to identify job duties, performance, salary, strengths and weaknesses, eligibility for rehire, and other detailed information. (These are referred to an Investigative Consumer Reports and are not available as a service to firms in the state of Nevada).

Reason You Need This Information

This information allows an employer to have a realistic assessment of a candidate from former employers. It promotes a better fit, confirms the hiring opinion, and protects the expensive hiring investment.

Limitations/Notes on Using This Information

Although most employers would like references, few will give them due to concerns over legal liability. However, an employer should still attempt to obtain references in order to demonstrate Due Diligence. The trend is for employers to ask these questions before a hiring decisions is made and a background check conducted, and to ask a screening firm to do factual verifications only in order to ensure that a full past employment history has been verified. When an employer requests that APLAZ perform this service, APLAZ first verified that it has the most appropriate source to provide references. APLAZ can ask custom reference questions. If anything negative is conveyed, APLAZ takes steps to ensure that the party providing the information is the most knowledgeable to do so, or attempts to re-verify the information from a secondary source.
Personal Reference Check Expand/Contract

What It Will Tell

Contact personal references to ascertain additional information about your applicant concerning fitness for the job in question.

Reason You Need This Information

Personal references can provide valuable information as to a person’s character as it relates to the job opening.

Limitations/Notes on Using This Information

A personal reference check should also inquire about the applicant’s relationship to the reference and how long they have known each other in order to evaluate the information. We can also contact “developed” references for a better picture.
Professional Licenses and Education Expand/Contract

What It Will Tell

Verifies the type of license; whether it is currently valid, dates issued, state; and licensing authority. Education checks will verify dates of attendance and degrees. APLAZ can also provide special background services, such as compliance with the Pilot Record improvement Act (PRIA).

Reason You Need This Information

This search confirms whether an applicant has the required credentials licenses or education claimed. There is a high rate of fraudulent education claims

Limitations/Notes on Using This Information

As with all pre-employment screening, it must be a valid predictor of job performance. If a licensing agency or school cannot verify data, the applicant should be given an opportunity to explain before assuming the applicant has lied since there can be an explanation for a discrepancy. Employers need to be aware of “diploma mills” that grant worthless degrees. APLAZ goes through an extensive process to first verify if a school has been accredited. If APLAZ cannot locate an accreditation, APLAZ will then go though a procedure to look for diploma mills. APLAZ performs the verification process by contacting the school register offices schools. Sometimes there can be a delay if a release or a fee is needed. High school and GED requests are typically subject to delay since it often requires mailing a release and/or check. Keep in mind that schools are on an academic schedule, and may be closed for breaks or summer vacations. Some schools outsource their data to third parties, the APLAZ will contact on the employer???s behalf, and an additional fee may be involved. Professional licenses are obtained by identifying and contacting the agency that issued the license. APLAZ will attempt to ascertain the current status, the date granted and the date of expatriation. If there are any negative history associated with a license, APLAZ will report that as well.
Civil Records Expand/Contract

What It Will Tell

Date of filing, case type, case number or file record, jurisdiction and; if available, identity of parties involved.

Reason You Need This Information

This search helps discover whether your applicant has sued former employers or has been sued for reasons that are relevant to employment.

Limitations/Notes on Using This Information

Civil records should be approached with caution and have limitations. An employer should only use this information where it is relevant to a job. Civil records can be problematic because the record may not be associated with any county where a person has lived or work due the nature of the rules on where civil cases can be filed. A person may be involved in a civil suit outside of a location where the person has lived or worked. Civil cases can be filed in both federal court and county courts. There is not a national database of all civil cases. Many cases settle, and jury verdicts or written Court decision only apply to a very small percentage of civil cases that are filed. In addition, in order to determine if the civil case belongs to an applicant, or is relevant to employment, it is usually necessary to pull and analyze actual court records. However, if the case has been settled out of court, details may not be in the court file. If a civil case is located, APLAZ is able to pull the file and review to provide additional information. There is typically a fee charged by the court to copy court files.
Worker’s Compensation Expand/Contract

What it will Tell

Information about Worker’s Compensation claims and previous injuries.

Reason You need this Information

This information allows the employer to conduct post-job offer reviews in compliance with strict standards of the Americans with Disabilities Act (ADA).

Limitations/Notes on Using this Information

Federal and state laws regulate the use of these records. You should have policies and procedures in place before requesting or utilizing these records. The critical consideration is that an applicant may not be discriminated against on the basis of a lawful exercise of a right to file a claim nor be denied employment if they are able to perform the essential job function with or without reasonable accommodations and are not a health or safety threat to themselves or others.

Industry links below for details on background screening services for specific industries:

See Other Links

Pre Employment Screening Services